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Session Laws, 1947
Volume 411, Page 1892   View pdf image (33K)
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1892 LAWS OF MARYLAND. [CH. 774

that the local Board's discretion in rendering its decision
was not honestly and fairly exercised, or that such decision
was arbitrary, or procured by fraud, or unsupported by
any substantial evidence, or was unreasonable, or that
such decision was beyond the powers of the Board, and was
illegal. The case shall be heard by the Court without the
intervention of a jury. If in the opinion of the Court it is
impractical to determine the question presented to the
Court, in the case on appeal, without the hearing of addi-
tional evidence, or if in the opinion of the Court any quali-
fied litigant has been deprived of the opportunity to offer
evidence, or if in the interests of justice otherwise require
that further evidence should be taken, the Court may hear
such additional testimony to such extent and in such manner
as may be necessary.

In such actions of appeal the local Board or the local
licensing official involved may be represented by some quali-
fied attorney designated for such service by said Board or
official.

The failure of the Court to determine an appeal within
a period of thirty (30) days after the record has been filed
in Court by the local Board as above provided, shall consti-
tute an automatic affirmance of the local Board's decision,
unless the time has been extended by the Court for good
cause shown.

If the Court reverses the action of the local Board it shall
file with the papers a written statement of the reasons there-
for. The Court may modify, as well as affirm or reverse,
the action of the local Board. Costs shall be awarded as in
other civil cases.

(4) (Finality of Appeal.) The decision of the Court thus
given shall be final and effective at once. No further appeal
shall lie to the Court of Appeals of the State, nor shall there
be any other remedy by which the local Board's decision
may be reviewed in Court, either by way of mandamus, in-
junction, certiorari or otherwise. However, if any Judge
of the Circuit Court of any county, or the Baltimore City
Court, shall in any case finally decide a point of law at
variance with any decision previously rendered by any other
Judge of the State on the same question, an appeal may be tak-
en from the decision rendered to the Court of Appeals of Mary-
land. Any such appeal shall be taken within thirty (30)
days from the date of the decision involved and shall not
stay the action of the lower Court. The Court of Appeals
shall only decide the question of law involved in such an
appeal and shall not pass upon any question of fact.

 

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Session Laws, 1947
Volume 411, Page 1892   View pdf image (33K)
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